Today this Court by order dismisses all pending motions and petitions and issues the certificate of judgment in this case. That action does not disturb the existing March orders in this case or the Court's holding therein that the Sanctity of Marriage Amendment, art. I, § 36.03, Ala. Const. 1901, and the Alabama Marriage Protection Act, § 30-1-9, Ala. Code 1975, are constitutional. Therefore, and for the reasons stated below, I concur with the order....So rules Alabama's Supreme Court. (H/t D29.)
I agree with the Chief Justice of the United States Supreme Court, John Roberts, and with Associate Justices Antonin Scalia, Clarence Thomas, and Samuel Alito, that the majority opinion in Obergefell has no basis in the law, history, or tradition of this country. Obergefell is an unconstitutional exercise of judicial authority that usurps the legislative prerogative of the states to regulate their own domestic policy. Additionally, Obergefell seriously jeopardizes the religious liberty guaranteed by the First Amendment to the United States Constitution.
It's the right moment for a push like this: the usual answer, the deployment of Federal Marshals or even Federal troops to force compliance with Federal orders, is risky in the middle of an election season dominated by rebellion in both parties against their establishments. The states do have an interest in defending their own Constitutional powers under the 10th amendment: that powers not granted to the Federal government nor forbidden to the states are reserved to the states or to the People. No power to arbitrate fundamental moral questions for all states was ever granted to the Federal government, not even by the 14th Amendment, which only gives the Federal courts the power to ensure that existing rights and privileges are respected equally for all citizens. That power has been stretched out of shape, and now is thought to give the Nine power to force their views on every American and every state.